Terms of use
Terms of Use for United Planet Web Sites and Cost-Free Software Download (as of Feb 2002)1. Services
1.1 United Planet GmbH ("United Planet") offers on these Internet pages (hereinafter referred to as: "Website" or “Websites”) specific information and software, as well as - as the case may be - related documentation, at no cost for downloading.
1.2 Generally the Websites are available 24 hours a day and seven days a week. However, due to the nature of the Internet and computer systems, United Planet cannot accept any liability to maintain the continuous availability of these Websites. United Planet may stop the operation of the Websites at any time.
1.3 United Planet offers the software, documentation and information exclusively for use by companies and public corporations. The User declares that by utilizing the Website it is itself or is acting on behalf of an undertaking, i.e. exercising a commercial or selfemployment activity, or that it is acting on behalf of a public corporation. § 312e para. 1, sentence 1, nos. 1-3 of the German Civil Code shall not apply.
2. Rights of Use to Software, Documentation and Information
2.1 The use of any downloaded software, documentation and information is subject to these conditions or, in case of updating software, documentation or information, subject to the applicable license terms previously agreed to with United Planet. Separately agreed to license terms shall prevail.
2.2 The User shall have the non-exclusive, non-transferable and cost-free right to use the software and related documentation, if any, and information made available to the User to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by United Planet in making available such.
2.3 Software shall be made available at no expense in object code. There shall be no right for the source codes to be made available. This shall not apply to source codes related to open source software, the licence conditions of which require the making available of the source codes, and which take priority over these provisions in the case of transfer of open source software. In such case United Planet shall make available the source code in return for the payment of costs.
2.4 Neither the software nor its documentation nor information may be distributed by the User to any third party at any time nor may it be rented or in any other way made available. The User shall not modify the software nor documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof unless such is allowed by law. The User may make one backup copy of the software if such is necessary to secure further use.
2.5 The software, documentation and information are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not remove any alphanumeric code, marks or copyright notices from the software, documentation or information.
2.6 §§ 69a et seq. of the German Copyright Law shall not be affected hereby.
3. Duties of the User
3.1 While using the Website the User shall not
• harm other persons, in particular minors, or infringe their personal rights;
• breach public morality in its manner of use;
• infringe any industrial property rights or copyright or any other proprietary rights;
• use any false identity for the purpose of misleading others;
• upload any contents containing a virus, so-called Trojan Horse, Hoax virus, or any other program that could damage data;
• transmit, store or upload hyperlinks or contents to which it is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or illegal; or
• distribute advertising or unsolicited e-mails (so-called "spam") or incorrect warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar action.
3.2 United Planet may deny access to the Website at any time, in particular if the User breaches any duty arising from §§ 3.1, 7.1 or 8. United Planet shall not be liable for any damage resulting from such denial of access except in cases of willful acts, gross negligence or fundamental breach of duty requiring liability by law.
4. Hyperlinks
The Website may contain hyperlinks to the Web pages of third parties. United Planet accepts no liability or responsibility for the contents of such Web pages and United Planet does not take over such Web pages as its own. The use of such pages shall be at the sole risk of the User.
5. Liability for defects
5.1 Insofar as any software, documentation or other information is made available at no cost, any liability for defects as to quality or title of the software, documentation or information especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful acts or fraud.
5.2 The information may contain general descriptions related to the technical possibilities of individual products which may not be available in certain cases. The required performance of the product shall therefore be determined in each case at the time of purchase.
6. Other Liability, Viruses
6.1 The liability of United Planet for defects in relation to quality and title shall be determined in accordance with the provisions of § 5 of these conditions. Any further liability of United Planet is excluded unless required by law, e.g. in cases of willful acts, gross negligence, personal injury or death, failure to achieve guaranteed characteristics, fraudulent concealment of a defect or in case of breach of substantial contractual obligations.
6.2 Although United Planet makes every endeavor to keep the Website free from viruses, United Planet cannot make any guarantee in this regard. It is therefore recommended that the User itself makes all necessary steps and utilizes a virus scanner before downloading any software, documentation or information. In the same way the User shall use all reasonable security measures and utilize a virus scanner to ensure that no viruses are uploaded onto the Website.
6.3 §§ 6.1 and 6.2 do not intend any change in the burden of proof to the disadvantage of the User.
7. Intellectual Property
7.1 Notwithstanding the particular provisions § 2 of these conditions, information, brand names and other contents of the Website may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the previous written permission of United Planet.
7.2 Except for the rights of use and other rights herein expressly granted, particularly rights to company's name or proprietary trade rights such as patents, brands or utility models no other rights shall be granted nor shall any duty be implied to grant such rights.
8. Export Controls
8.1 The export of certain software, documentation and information may, e.g. due to its nature or intended purpose or destination, be subject to authorization. The User shall strictly conform with the export regulations for software, documentation and information of the EU as well as the individual EU member states and the USA. United Planet shall label software, documentation and information in relation to German, European and U.S. export control lists.
8.2 The User shall particularly check and verify that
• the software, documentation and information shall not be used for any purpose related to armaments, nuclear energy, weaponry or other military use;
• no undertaking or person listed in the U.S. Denied Persons List (DPL) shall receive goods, software or technology originating in the U.S.;
• no undertaking or person named in the U.S. Warning List, U.S. Entity List or U.S. Specially Designated National List shall receive goods originating in the U.S. without permission;
• the early warning advice notices of the respective German authorities shall be observed. Access to software, documentation and information on the Website shall only take place if such conform with the above tests and guarantees. Otherwise United Planet shall not be obliged to any performance.
8.3 Upon request United Planet shall inform the User of the relevant contact points for further information.
9. Data Protection
Insofar as the storage and processing of personal data of the User is necessary in order to use the Website or for the providing of services by United Planet, United Planet shall comply with the relevant data protection provisions.
10. Supplementary Agreements, Place of Jurisdiction, Applicable Law
10.1 Any supplementary agreements require the written form.
10.2 The place of jurisdiction shall be Freiburg i.Br. insofar as the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
10.3 The law of Germany shall apply to the exclusion of the UN Convention on the International Sale of Goods.
